Ariz. Supreme Court Reverses Decision in Adult Bookstore Case

PHOENIX — The Arizona Supreme Court has overturned the dismissal of charges against two adult bookstore owners who were prosecuted for violating a state law that restricts their business hours.

In its opinion in State of Arizona vs. Stummer and Lumm, written by Vice Chief Justice Rebecca White Berch, the high court also published a multi-pronged test that it came up with to allow lower courts to determine whether the state law violates the First Amendment guarantee to free speech.

Hubert August Stummer and Dennis Allen Lumm were originally charged for violating an Arizona law that “forbids adult bookstores from remaining open during certain early morning hours,” according to documents. Under that law, Arizona Revised Statutes 13-1422 (A), adult bookstores are required to be closed for business from 1 a.m. to 8 a.m. Monday through Saturday, and from 1 p.m. to noon on Sunday.

Stummer and Lumm were convicted in Maricopa County Superior Court. They appealed in 2007 and won on argument that another court found the Arizona law unconstitutional.

Writing in her appeal, Justice Berch said the high court justices considered whether adult businesses caused “increased prostitution and sexually oriented litter in the surrounding communities.”

To help decide the case, the Supreme Court set up a three-pronged test that to guide the trial court. To decide whether the hour restrictions are constitutional under Arizona law, the lower court should consider “evidence of the significance of the infringement of speech, the effectiveness of the statute in reducing negative secondary effects, the nexus between the ends sought and the means employed, or the availability of alternative measures,” Berch wrote.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Orion Expands 'Cotelli Bondage' Line

Orion Wholesale has expanded its Cotelli Bondage collection with five new outfits.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Kheper Releases New 'Adult A...Z' Couples Game

Kheper Games has released its new Adult A...Z party game.

LATAM in Focus: A Look at the Trends Shaping Latin America's Pleasure Products Market

Across Latin America, pleasure shoppers are looking for innovation, but winning their business requires brands to balance aspirational qualities. Consumers are watching every dollar — or peso, Brazilian real, Peruvian sol, etc. — as tariffs, exchange rates and import costs push retail prices upward.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

Nobü Adds to 'Essentials' Collection

Nobü has expanded its Essentials collection with three new vibrators.

Blush Expands 'B Yours' Collection

Blush has introduced a new vibrating plug from its B Yours Collection.

We-Vibe Debuts 'Shared Touch' Vibe

We-Vibe has introduced its new Shared Touch vibrator for couples.

Kiiroo Introduces New Tyler Wisby Stroker

Kiiroo has debuted the new Tyler Wisby stroker sleeve from its FeelStar line.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

Show More